RIGHT TO SELF ORGANIZATION
expression.
o Maintenance of membership agreement
o Union shop clause
o Whether can demand agency fees for
nonmembers who benefited frm cba but from
other department
o Whether can demand agency fees from
managerial who benefited from cba.
o Trade union center cannot negotiate for cba
o If BPI and FEBTC are merging. When ma
consider as ER ang surviving corp. (wa jd ko
kahibaw kung upon signing ba sa articles of
merger, upon approval of SEC or unsa ba)
o Regular worker tong nag work s factory
o Female FA questioning the constitutionality of
their compulsory age retirement at 55
compared to male workers on the ground of
discrimantion is an action for declaratory relief;
hence, jurisdiction belongs to regular courts
RIGHTS OF LEGITIMATE LABOR ORGANIZATION
o who can't file for petition for CE-- afilliation,
trade union, local chapter, independent labor
org (basin wrong akong answer so ako lang gi
hatag ang choices) Answer: Trade Union
o Kto noncompliance/violation sa SEBA,
considered as inter/intraunion dispute.
o SEBA (if two unions and organized)
o GSIS (?) EEs na nag picket during lunchbreak
then next question was if they are absolutely
prohibited ba to do any form of strike.
o I dunno if this is the exact/correct case - GSIS
vs Kapisanan ng mga Mangagawa
o The question with the choices (freedom period,
freedom in the workplace, i forgot what to
basta freedom in the workplace dw answer
- anti-injunction rule na kar ang
freedom in the workplace
o abstention votes are only counted in
determining 1st majority in a certification
election.
o counting of 2nd majority, only the valid
votes("for union" and "no-union") cast are
considered. spoiled ballot and abstention vote
are not included in determining the 2nd
majority.
o DOLE DO no. 40-I-15
o GSIS employees 4(FOUR) day-mass action
considered strike since it resulted in temporary
stoppage of work
o The other case kay 1hour ra ang mass action
and did not result in temp o stoppage of work-
not illegal since freedom of speech and
o GSIS ET AL vs VILLAVIZA et al
Respondent wearing red shirt, together with
some ees, attending public hearings,
badmouthing the guards, marching to and fro
simultaneously at or just oustide office
considered
Ruling: Respondents' freedom of SPEECH AND
EXPRESSION remained intact, did not amount
to a prohibited concerted activity/mass action
o Katong mass action sa hotel employees during
their break nga picketing
o Failure of election - less than majority of
eligible voters
o Absention vote - considered a valid vote for
the purposes of determining valid election
o Remedy of union members who did not commit
illegal acts but were dismissed - reinstatement
WITHOUT backwages (no work, no pay
principle applies)
REVISED GUIDELINES OF THE NCMB FOR THE
CONDUCT OF VOLUNTARY ARBITRATION
PROCEEDING
o AJO -personal service
UNFAIR LABOR PRACTICE
o Featherbedding
NLRC RULES
o VA-juris over Issues on Implementation of cba
o Appeal from VA (to CA rule 43 within 10 days
o Whether recomputation of unappealed award
proper
o jurisdiction of med-arbiter: inter/intra union
dispute like election of union officers
o ISSUE: whether the dismissal of a complaint
for illegal dismissal due to the unreasonable
FAILURE of the complainant TO SUBMIT his
POSITION PAPER amounts to a dismissal with
prejudice.
SC: the dismissal of a complaint on account of
the unreasonable failure of the complainant to
submit his position paper is likewise regarded
as an ADJUDICATION ON THE MERITS and
WITH PREJUDICE to the filing of another
complaint, except when the LA's order of
dismissal expressly states otherwise. (Azuelo
vs. Zameco II Electric Cooperative, Inc. GR No.
192573, October 22, 2014)

o Appeal to CA from VA is rule 43, but 10 days.
Substantive law > procedural. Thus it achieves
finality within 10 days.
o Recomputation of Final Judgment Award - does
not alter or amend final decision hence, no
violation of principle of immutability of final
judgments
ATTORNEY’S FEES AND APPEARANCE OF
o Remedy from SOLE - Rule 65; not an appeal to
LAWYERS
President under doctrine of qualified political
agency - SOLE is the alter ego of the
president, except those involving national
interest
CONTRACTING ARRANGEMENT
o NFCC - either total capitalization or total labor
cost. It's supposed to be total contract cost but
it's not in the choices. But I answered total
capitalization because it complies the IRR
definition of NFCC.
o Potential question for Essay, just my
anticipation, substantial capital and activiyies
directly related to the business. Please master
the requisites. I think this will come out.
SPECIAL TYPES OF WORKERS
Harmless, but if you can't distinguish the
nuances masipyat ka. Read Chan because it
has a very good discussion on labor
contracting.
o Labor-only contracting requisites, note the
and/or requirements.
EMPLOYMENT OF WOMEN
o Sps hired construction co. for construction
services and materials, who can be liable for
wages not paid (?)
- Ang principal ma-consider direct
employer under sec 27(?) Kay there was
violation of sec 8 under do 18-a. So liable si
sps for unpaid wages
o Contracting arrangement
- solidary liability. the provisions of existing
laws to the contrary notwithstanding, every
employer or indirect employer shall be held
responsible with his contractor or
subcontractor for any violation of any provision
of this Code....
- requisites of legitimate contracting or
subcontracting
-rights of contractor's employees.
.
WORKERS PREFERENCE
EMPLOYMENT OF NIGHT WORKERS
o Worker's preference
- in the event of bankruptcy or liquidation of an
employer's business, his workers shall enjoy
first preference as regards their wages and
other monetary claims, any oprovisions of law
to the contrary notwithstanding
o 2009 Tiangco, 1999 Rubberworld, 2007 PAL
(Zamora) - labor claims are included among
actions suspended upon placing ER company
under receivership
o Attorney's fees
- notwithstanding the absence of an express
authority from the board, a lawyer who
represented the union with the knowledge and
acquiescence of the board,and the acceptance
of benefits arising from the service rendered, is
entitled to a reasonable value of his
professional services on quantum meruit basis.
- the imposition of any interest, as prayed for
in this instant petition, on any amount payable
to petitioners is however, unwarranted.
- attorney's fees may be assessed in cases of
unlawful withholding of wages.
o
o To qualify for tax deduction for apprenticeship,
must pay 100% min wage to the apprentice
o Discrimination against pregnant women which
law
o Extension of leave for women night workers
who gave birth (our answer ky 4 weeks)
o discrimination of women workers
o dismissal for child care responsibilties.. what
law protects this
o facilities for women
o Establishments required by law to maintain
clinic or infirmary shall provide free family
planning services
o Facility for women - correct answer: nursery
(kato gani naay spa among the choices)
Art. 132, LC - Facilities for Women
(c) To establish a NURSERY in a workplace for
the benefit of the woman employees therein
o Night workers: as to transfer to day
o Pregnant woman working from 11 - 6am: is
she considered a night worker? Follow up was
 if i transfer to day work kay under what law EMPPLOYMENT OF CHILDREN
dw (law on Night workers)
o Child worker, hours of work - 8h/d, 5d/wk =
o Employment of night workers
40h/wk
- coverage: all persons, who shall be
employed or permitted or suffered to work at
night, except those employed in agriculture,
stock raising, fishing, maritime transport and
inland navigation, during a period of NOT LESS KASAMBAHAY LAW
THAN 7 CONSECUTIVE hours, including the
o Kasambahay sss age limit.
interval from midnight to 5 o'clock in the
o Kasambahay rights as to hiring, after 1 month
morning to be determined by the SOLE, after
employment
consulting the workers' representatives/labor
o 17 or 16 old kasambahay must work only for
org and employers.
40 hrs per week/8hrs a day
-transfer. night workers who are certified as
o Kasambahay 13th month, sss, SIL, etc; when
unfit for night work, due to health reasons,
qualified
shall be transferred, whenever practicable, to
o SIL sa kasambahay nonconvertible to cash.
a similar job for which they are fit to work. If
Bantayi sad pilay edad sa kasambahay kay like
such transfer to a similar job is not
15-18 iya age mausob naman ang number sa
practicable, these workers shall be granted the
iya workdays ug workhours.
same benefits as other workers who are
o TN: SIL 5 days Batas Kasambahay. TN non-
unable to work, or to secure employment
commutable and non - convertible.
during such period. A night worker certified as
o Batas Kasambahay: TN 6 days sila mag work
temporarily unfit for night work shall be given
but 16 hours a day
the same protection against dismissal or
o Compulsory retirement age of a kasambahay
notice of dismissal as other workers who are
(not stated in the law so probably the GR
prevented from working for reasons of health.
which is 65)
- women night workers. measures shall be
o Max age of kasambahay to be covered by SSS
taken to ensure that an alternative to night
o Katung hours of working children mu apply sa
work is available to women workers who
mga kasambahay. So katung 40 hour work
would otherwise be called upon to perform
week mu apply sa 15-18 year old na
such work: (B) before and after childbirth, for
kasambahay.
a period of at least 16 weeks, which shall be
o employment of domestic workers
divided between the time before and after
-coverage.
childbirth.
- rights and privileges of kasambahay
- as far as practicable, pregnant or nursing ees
- employment age of domestic workers....xxx
shall be assigned to day work, before or after
employment of working children shall be
childbirth for a period of at least 16 weeks
subject to the provisions of section 10(a)
which shall be divided between the time
paragraph 2 of section 12-a, paragraph 4
before and after childbirth.
section 12-d and section 13 of republic act no.
o Night worker - if his work covers the period
7610, as amended, otherwise known as the
10pm-6am provided he performs no less than
"special protection of hildren against child
7 consecutive hours
abuse, exploitation and discrimination act".
o Nightworker with disease:
working children shall be entitled to minimum
- if 6 mos or more - entitled to same benefits
wage and all benefits provided under this act.
as other workers who are unable to work due
working children shall not be subjected to the
to illness
following:
- if less than 6 months - forced leave
a. work for more than 8h a day and beyond
o When day work is not available, pregnant or
40h a week
nursing nightworker is allowed to go on leave
b. work bet, 10 oclock in the evening and 6
or avail extended maternity leave using her
oclock in the morning of the ff day
earned leave benefit
c. work which is hazardous or likely to be
harmful to the health, safety or morals of
children....
- leave benefits: at least 1 year of service
- social and other benefits: at least 1 month of
service
 - 13th month pay -at least 1 month of service
o Kinsa naa jurisdiction tong complaint sa
kasambahay sa unpaid wages ba to. but the
kasambahay is still with spouses walde.
o Spouses walde did not pay sweldo. Can the
kasambahay go to agency and make it liable
o On first day Kasambahay entitled to nothing.
o After 1 month kasambahay is entitled to 13th
month and SSS
o Maximum employable age for
kasambahay(don't know the answer so i was
just guessing during the exam)
EMPLOYMENT OF HOMEWORKERS
o Factory workers doing needle work-- regular
workers daw not Homeworkers
EMPLOYMENT OF NON-RESIDENT ALIENS
o Alien permit with regards the wife.
o Alien with AEP cannot transfer employer
without prior approval of Dole
o French specialist, exemption vs exclusion sa
alien employment permit.
o specialist -- whether excluded from coverage
of AEP.
o Foreigner na nag work sa belo and wasn't able
to get a permit. Is she entitled to protection ba
by our LC?
- I answered No. Based on the running
questions. Sumpay ni siya nga
question. Dili siya apil sa exemption.
o Employment of Non-resident aliens
- spouses
- prohibition against transfer of employment
- the alien shall not transfer to another job or
change his employer without prior approval of
the secretary of labor
- only non-resident aliens to secure
employment permit. resident aliens are not so
required. For immigrants and resident aliens
what is required is an Alien Employment
Registration certificate.
EMPLOYMENT OF SENIOR CITIZENS
o 15% tax deduction for employing senior
citizen
o expanded senior citizens act
- private entities that will employ senior
citizens as employees shall ba entitled to an
additional deduction from their gross income,
equivalent to fifteen percent (15%) of the total
amount paid as salaries and wages to senior
citizens, provided however that such
employment shall continue for a period of at
least 6 months, provided that the annual
income of the senior citizen does not exceed
the latest poverty threshold.
o Tax deduction for Senior Citizens: 15%
EMPLOYMENT OF STUDENTS AND WORKING
SCHOLAR
o To Employ students for a summer job (must
have 10 or more employees)
o Day release scheme
o Dual Training program: training plan variation
if 2 days TVI and the rest kay sa establishment
(answer was Day release scheme)
o If you are going to hire working students
during school break, how many EEs should you
at least have. (Employing at least 10 persons)
o Dual Training System 1994; TESDA Cir 31,
S2012
Block Release Scheme – refers to the schedule
wherein the student/trainee spends full time in
the TVI to finish the forty (40%) percent of the
training and then deployed full time in the
establishment to complete the sixty (60%)
percent in-plant training.
Day Release Scheme – refers to the schedule
where the student/trainee spends two (2) days
weekly in the school and the remaining
working days of the week in the establishment.
EMPLOYMENT OF DRIVERS AND CONDUCTORS IN
THE PUBLIC UTILITY BUS TRANSPORT INDUSTRY
o Driver comp - partly fixed party performance
based
o The best method of compensation for drivers -
partly fixed and partly performance based.
o katong sa 1 hour compensable rest period for
every 12 hour duty of drivers
- as to sa 1hr na rest period exclusive
sa meal, silent ang law pero tanaaw namo kay
non-compensable sya. Others answered
compensable.
o Driver working for 12 hours. Additional benefit
is "compensable 1 hour rest period" daw
answer
o Fixed and Performance based Compensation
Scheme. Page 413 of Spectra Labor Standards.
Para sa atong mga drivers. Mao ni ang best
 method of compensation nga gi ask ni
Marquez. IRR ma siya.

- Private bus driver bya to ang

question. basin per trip basis? smile
emoticon

MIGRANT WORKER’S ACT

o Illegal recruitment
- to allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency
-illegal recruitment is deemed committed by a
syndicate if carried out by a group of 3 or more
persons conspiring or confederating with one
another. it is deemed committed in large scale
if committed against 33 or more persons
individually or as a group.
o Enforcement of contract for overseas worker:
OWWA
o Relief in case of unjust termination or
unauthorized deduction from migrant's
worker's salary - full reimbursement of his
placement fee and deductions made plus 12%
interest per annum (not 6%; BSP Circular
cannot appeal RA 8042)
o Illegal Recruitment - when non-Filipino citizen
is allowed to head or manage a licensed
recruitment or manning agency

SSS

o coverage sa sss (at least 60 yrs old)

o Coop supplying the janitors for USJR. Basta
about SSS ni.
o SS law as regards contracting arrangements.
Specifically liability of the principal for unpaid
contributions

o SSC has jurisdiction on questions on the

existence of employer- employee relationship
for the purpose of determining coverage of the
SSS Law (SSC vs Asiapro Coop.)